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(영문) 서울행정법원 2016.10.20 2016구단21735
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea as a short-term visit (C-3) on October 20, 2015, and applied for refugee recognition to the Defendant on November 24, 2015.

B. On December 11, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On January 18, 2016, the Plaintiff filed an objection with the Minister of Justice on January 18, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion made an investment in money in the country of nationality in promising to engage in friendship and partnership, and the friendship who agreed to engage in the partnership did not purchase the automobile parts that the Plaintiff promised to receive money from the Plaintiff, and instead caused the Plaintiff to assault the Plaintiff by sending money to the Plaintiff.

The plaintiff reported the attachment to the police, and the father who was a soldier's status was forced to be dismissed in the workplace, and the father made intimidation that he will die to the plaintiff.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under a state of nationality for reasons such as the status as a member of a specific social group.

(b) The definitions of terms used in this Act shall be as follows:

1."Refugees" shall be entitled to the protection of a State of nationality due to well-founded fears recognizing that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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